sec.38Application before unauthorised construction or demolition

sec.38 Application before unauthorised construction or demolition

If an owner believes on reasonable grounds that an adjoining owner intends to construct or demolish a dividing fence without authorisation, the owner may apply to QCAT for an order preventing the adjoining owner from constructing or demolishing the dividing fence. The owner must give the adjoining owner a copy of the application at least 1 day before the application is heard. Under the Acts Interpretation Act 1954 , section 38 (3) , if the day before the application is heard falls on a day that is not a business day, the last day for giving a copy of the application is taken to be the next earlier business day. On application under this section, QCAT may make an order preventing the adjoining owner from constructing or demolishing a dividing fence. (sec.38-ssec.1) If an owner believes on reasonable grounds that an adjoining owner intends to construct or demolish a dividing fence without authorisation, the owner may apply to QCAT for an order preventing the adjoining owner from constructing or demolishing the dividing fence. (sec.38-ssec.2) The owner must give the adjoining owner a copy of the application at least 1 day before the application is heard. Under the Acts Interpretation Act 1954 , section 38 (3) , if the day before the application is heard falls on a day that is not a business day, the last day for giving a copy of the application is taken to be the next earlier business day. (sec.38-ssec.3) On application under this section, QCAT may make an order preventing the adjoining owner from constructing or demolishing a dividing fence.